RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF: 			DOCKET NUMBER: BC-2015-05228

						COUNSEL:  NONE

						HEARING DESIRED:  YES 

APPLICANT REQUESTS THAT:

He be given SecAF consideration for 10 percent increase in retirement pay based on award of the Distinguished Flying Cross with Valor (DFC w/V) under enemy fire in Afghanistan, 12-13 Nov 10.  

APPLICANT CONTENDS THAT:

Per AFI 36-3203, Service Retirements, his DFC w/V should have been vetted at the time it was awarded to determine whether or not the additional 10 percent retirement pay would be authorized.  He has learned there is no process in place with AFCENT to address SAFPC review for 10% increase for this type of decoration.  

The applicant’s complete submission, with attachments, is at Exhibit A.

STATEMENT OF FACTS:

At the time of the matter in question, the applicant was serving in the Air National Guard in the grade of Senior Master Sergeant (E-8). 

According to documents submitted by the applicant, On 21 Feb 12, he was awarded the DFC w/V for Heroism, while participating in aerial flight 12 Nov 10 to 13 Nov 10.   

On 31 Mar 15, the applicant was furnished an honorable discharge, retired effective 1 Apr 15, and was credited with 24 years, 11 months, and 4 days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    

AIR FORCE EVALUATION:

SAFPC recommends denial indicating there is no evidence of an error or an injustice.  AFI 36-3203, specifically identifies types of decorations which may be considered for 10 percent increase in retirement.  Paragraphs 7.11.2 and 7.11.3 specifically identify the DFC (noncombat) may qualify an individual for the pay increase.  If an enlisted member believes consideration was not made at the time the medal was awarded, the member may ask for a Secretarial decision through the AFBCMR process.  This same qualification is identified in AFI 36-2803, THE AIR FORCE MILITARY AWARDS AND DECORATIONS PROGRAM, when describing the responsibilities of the Air Force Review Boards Agency.  After a thorough review of the applicant’s petition and applicable regulations, his actions on 12-13 Nov 10 which were recognized by the DFC w/V were combat related and do not meet the qualifications outlined in Air Force policy to be reviewed for 10 percent increase in retirement pay. There is no process in place with AFCENT to review combat related Distinguished Flying Cross awardees for 10 percent increase because this type of decoration does not qualify for consideration.  Air Force Instruction allows for consideration of the increase for enlisted recipients of the Distinguished Flying Cross only for heroism in a noncombat action.

A complete copy of the SAFPC evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 5 Oct 16 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of SAF/PC and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.

4.  The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issues involved.  Therefore, the request for a hearing is not favorably considered.

THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

The following members of the Board considered AFBCMR Docket Number BC-2015-05228 in Executive Session on 15 Nov 16 and 14 Dec 16 under the provisions of AFI 36-2603:

The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-05228 was considered:

	Exhibit A.  DD Form 149, dated 3 Dec 15, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, SAFPC, dated 28 Sep 16.
	Exhibit D.  Letter, SAF/MRBR, dated DD MMM YY.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.